HomeMy WebLinkAboutResolution 3118 i ,s - .R
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�b. - CITY of ORONO
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'�' RESOLUTION OF THE CITY COUNCIL
���kE H�g'�G NO. 3118
S
A RESOI.DTION GRANTING
VARIANCES TO MIINICIPAL ZONING CODE
SECTIONS 10.22, SIIBDIVISION 2
AND 10.24, SIIBDIVISION 5 (B) �
FILE #1726
WHEREAS , Barbara J. Olexa and James G. Olexa
(hereinafter "the applicants") are owners of the property located
at 995 Wildlaurst Trail within the City of Orono (hereinafter
"City") and legally described as The East 111 feet of the
Southeast Quarter .of the Northeast Quarter of the Northwest
Quarter of Section 7, Township 117, Range 23 (Certificate of
Title No. 688946 ) , Hennepin County, Minnesota (hereinafter "the
property"); and
WHEREAS, the applicants have applied to the City for a
• variance to Municipal Zoning Code Section 10.22, Subdivision 2 to
allow structural improvements consisting of a 20' x 31' addition
and the expansion of a second story addition over existing garage
"within the 75-250' setback area where an excess of hardcover
exists proposed at 5, 082.58 s.f. or 36.7$ where 5,201 s.f. or
37.5� exists and where only 25� is allowed and a variance to
Section 10.24, Subdivision 5 (B) to permit the addition to the
east side of the residence to be located 5' 6" from the side lot
line instead of the required 10' requiring approval of a 4' 4." or
44$ setback variance.
NOW, THEREFORE, BE IT RESOLVED by the City Counci 1 of
Orono, Minnesota:
. FINDINGS .
� 1. This application was reviewed as Zoning File #1726.
2. The property is located in the LR-1B, Single Family
Lakeshore Residential Zoning District requiring one
acre in area.
3. The Orono Planning Commission reviewed this application
on April 20, 1992, and recommended approval of the
proposed variances based upon the following findings:
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�b. - CITY of ORONO
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'�' RESOLUTION OF THE CITY COUNCIL
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`�x'Esxo4`' No. 311 s
A. The existing detached garage within the street
yard does not meet the street setback standard of
10' and is located approximately 2' from the curve
adjacent to the public roadway.
B. The detached garage in this area does not conform
to current development pattern for homes within
this neighborhood.
C. There is no hardcover within the 0-75' setback
area.
D. The proposed addition and second story bedroom
expansion wil 1 not encroach the average lakeshore
setback line.
E. The neighbor receiving the most impact from the
• proposed construction has provided a written
statement approving of the application.
� 4. The City Council finds that the conditions existing on
this property are peculiar to it and do not apply
generally to other property in this zoning district;
that granting the variances would not adversely affect
traffic conditions, light, air nor pose a fire hazard
or other danger to neighboring property; would not
merely serve as a convenience to the applicant, but is
necessary to alleviate a demonstrable hardship or
difficulty; is necessary to preserve a substantial
property right of the applicants; and would be in
� keeping with the spirit and intent of the Zoning Code
and Comprehensive Plan of the City. .
5. The City Council has considered this application
including the findings and recommendations of the
Planning Commission, reports by City staff, comments by
the applicants and the effect of the variances on the
health, safety and welfare of the community.
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�b. - CITY of ORONO
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��� �G'�' RESOLUTION OF THE CITY COUNCIL
�kESH.�4 NO. 3118
CONCLIISIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono
City Council hereby grants variances to Municipal Zoning Code ,
Section 10.22, Subdivision 2 and Section 10.24, Subdivision 5 (B)
to permit the construction of a 31' x 20' garage/porch addition
to the east side of the existing residence and the expansion of a
second story addition over the existing garage within the 75-250'
setback area where excesses in . hardcover exist and to approve a
5' 6" side yard setback for the addition to the east lot line,
subject to the following conditions:
1. Applicant shall obtain a demolition permit at the time
of application for a building permit for new
construction. The detached garage must be removed
within 10 days of occupancy and use of attached garage.
• 2. Applicant shall remove 210 s.f. of plastic along south
and west side of residence prior to the footing
inspection for proposed construct�ion. The Building
Inspector shall confirm the removal of the plastic.
3. Authorities granted by this variance run with the
property not with the applicants, but are permissive
only and must be exercised by application for a
building permit within one year of the date of Council
approval, or this variance will expire on that date
(May 11, 1993 ) .
4. � Violation of or non-compliance with any of the terms
and conditions of this variance shall constitute a
violation of the zoning code, shall automatically
terminate any authority granted herein, and sha 11 be
punishable as a misdemeanor.
5. The undersigned applicants have read, understood and
hereby agree to the terms of this resolution and on
behalf of themselves, their heirs, successors and
assigns , hereby agree to the recording of this
resolution in the chain of title of the property.
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b. - CITY of ORONO
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��� �G'�' RESOLUTION OF THE CITY COUNCIL
�k'ESH�g' Np, 3118
Adopted by tYie City Council of the City of Orono,
Minnesota at a regular meeting held on the llth day of May, 1992.
ATT T:
. �� --------.,
�i-� .
hy . lin, ity Clerk Barbara A. Peterson, Mayor
� ����.
P operty Owner(s) �
STATE OF MINNESOTA )
• ) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on
this llth day of May, 1992, by Barbara A. Peterson & Dorothy M.
Hallin, Mayor & City Clerk of the City of Orono, a Minnesota
municipal corporation and said instrument was executed on behalf
of the City.
Notar Public
� _`�� JAMIE L.BOSMA
:''.' r` �• NOTARYPUBLIC-MINNESOTA Page 4 of 5
; : HENNEPIN COUNTY
�IMM{ My Comm.Expires 12-19-97
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� O�
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�b. - CITY of ORONO
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'�' RESOLUTION OF THE CITY COUNCIL
��`��k'E og'�G NO. 311 s
SH
STATE OF MINNESOTA ) �
) ss.
COUNTY OF HENNEPIN )
On this f�� day of � '��� , 199a
before me a Nota y P blic w'thin and f �' said county, ersonal ly
appeared �
known to to be the person(s) des ibed in and who execut d he
foregoing instrument, and acknowledged that he (they) executed
the same as his (their) free act and deed.
,r�•, JAMIE L.BOSMA _
;`��' ` . NOTARY PUBLIC-MINNESOTA
�•• �; o�' HENNEPINCOUNTY
.,��.• MyComm.Expiresl2-19-97 N A Y PUBLIC
�
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN ) •
On this day of , 199 , before me
a Notary Public within and for said County, personally appeared
known to me to be the person(s) described in and who executed the
foregoing� instrument, and acknowledged that he (they) executed
the same as his (their) free act and deed.
NOTARY PUBLIC
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